Fake accounts case: CJP-led bench to hear PPP leaders' review petition on Monday

Zardari, Bilawal, Faryal and Murad have challenged SC decision to authorise NAB probe

ISLAMABAD: A three-member special bench headed by Chief Justice of Pakistan (CJP) Asif Saeed Khosa will on Monday hear the review petitions filed by former president Asif Ali Zardari, his son Bilawal Bhutto Zardari, sister Faryal Talpur, and Sindh Chief Minister Murad Ali Shah in the fake accounts case.

The other judges on the bench are Justice Faisal Arab and Justice Ijazul Ahsan.

Zardari and Talpur had submitted a petition in the SC on January 28 to review and recall the top court's January 7 decision in the fake accounts case against the Pakistan Peoples Party’s top leadership.

Zardari, Talpur submit petition challenging SC decision

In the civil review petition prepared by Latif Khosa, the former president and his sister challenged the decision wherein the SC – in light of a report prepared by the JIT – directed the National Accountability Bureau (NAB) to conduct a fresh investigation within two months and file references against the accused.

The JIT had implicated the top tier of PPP’s leadership including Asif Zardari, Faryal Talpur, Bilawal Bhutto Zardari and Murad Ali Shah.

Following the top court’s decision, the anti-graft watchdog constituted a combined investigation team (CIT) led by DG NAB Rawalpindi Irfan Naeem Mangi under the supervision of NAB Chairman Justice (Retd) Javed Iqbal.

The petition stated that the “impugned order suffered from errors floating on the surface of the record”. It also argued that the directions issued in the SC order “are prejudicial to the petitioner in any futuristic eventualities of a fair trial and due process will not be possible under Article 10 (a) of the Constitution”.

NAB forms team to probe fake accounts case

“The powers under Article 184(3) of the Constitution are not unlimited, unfettered, completely discretionary, knowing no bounds,” reads the petition.

The review appeal further stated that the apex court’s decision “commits an error in holding that the constitution of the JIT is a valid exercise of jurisdiction in aid of a lawful object”.

“The facts and circumstances of the case and in light of the JIT report in this court was not justified vide impugned order in directing the transmission of the JIT report along with all the material and evidence collected by the JIT to the NAB”.

The petition further argues that the court was “not justified in passing any order at all giving directions to the NAB and JIT, thereby, curtailing rights of the petitioners and others”.

“That such binding dictates coming from the Supreme Court tantamount to obstructing the free flow of justice in the inquiry/ investigation of NAB and JIT and is contrary to the authoritatively mandated,” the petition said.

Zardari moves SC to stop FIA investigation in fake accounts case

The petition states that the JIT had exceeded its mandate and scope. It said the allegations against Talpur were unlawful since the JIT was only mandated to probe Zardari Group. “The result of the overstepping by the JIT from the task assigned to it in order dated September 5, 2018 by the Hon’able Court was politically exploited in that 172 persons enmass were placed on ECL including chairman PPP Bilawal Bhutto Zardari and Murad Ali Shah.”

The petition said the inquiry “starting with limited number of fake accounts was stretched by the JIT into a roving inquiry and witch hunting crossing over into unfathomed waters”.

“The petitioners have been subjected to a derogatory campaign to stigmatise and malign them politically for unreservedly standing with the downtrodden voiceless weak segment of the society.”